Sunday 2 March 2014

Africa, Ukraine and Syria.

Although it may have got lost in the final days of the 2014 Winter Olympics I think I did point out nations led by the US and the UK used the chaos in Ukraine to force through United Nations Security Resolution (UNSC) 2139/2014 demanding Syria throw open its borders to international aid groups. The reason why the US and the UK needed the drama of the Sochi games and the turmoil in Ukraine to drive through this Australian sponsored resolution is because its passing presents two very serious problems for the UNSC.

Firstly it demands that the Syrian government no longer controls the movements of aid agencies across its internal and international borders. This not only violates Chapter 1, Article 2.1 of the UN's own charter which "[Bases] the organisation on the principle of sovereign equality of all members" but also Chapter 1, Article 2.4 which declares that "[All members] will refrain... from the threat or use of force against the territorial integrity...of any state" and Chapter 1 Article 2.7 which prevents "[The UN intervening] in matters which are essentially within the domestic jurisdiction of any state."

Secondly the 2012 conviction of Charles Taylor by the International Criminal Court (ICC) for war crimes and crimes against humanity made it quite clear that any nation, individual or organisation who provides material support (humanitarian supplies including medical supplies were specifically referenced) to groups who carry out war crimes or crimes against humanity are as liable for those crimes as if they had carried them out themselves. As non-uniformed/unlawful combatants the mere presence of the Syrian insurgents constitutes a war crime and their conduct including genocide/ethnic cleansing, mutilation (and cannibalism) of prisoners and the use of civilians as human shields most certainly constitute crimes against humanity. As such the Syrian government along with its neighbours such as Turkey are under a legal obligation to prevent humanitarian aid from reaching insurgent held areas. It is beyond the authority of the UNSC or any other body to demand that the Syrian government does not uphold this legal obligation and the UNSC may actually be under an obligation to report any agency that is attempting to provide material support to the insurgency to the ICC.

These two problems are significant enough to render resolution 2139/2014 null and void meaning that the UNSC will have great trouble enforcing it. However these violations of both the UN Charter and International law are widely tolerated across the world. This is particularly true in conflicts such as Libya with its knock on effects in Mali and Nigeria, Somalia, the Democratic Republic of Congo (DRC) and the Central African Republic (CAR).

Sensing that UNSC 2139/2014's incompatibility within international law is going to cause it some problems the UK has recently been forcing these African conflicts to the fore in the hope daring the UNSC not to raise questions over the conflict in Syria. The first move in this was the announcement late in the week beginning 17/2/14 that a shipment of weapons from the US to the Somali government via Uganda had some how found its way into the hands of the Al-Shabaab Islamists who are currently fighting the Somali government, the Ugandan government and the Kenyan government. The intention here was to dip the US' hands in blood by directly linking them to the illegal supply of weapons to African Islamists. The idea being that having been made a part of what is a criminal conspiracy the US would be less likely to call for those more involved in the same conspiracy to be punished.

Next the UK moved onto Nigeria were it is well established that the UK has been supplying Boko Haram Islamists in an effort to destabilise the oil rich nation. The wave of Boko Haram attacks this past week began last Sunday (23/2/14) with an attack on a school in the town of Bama which left 100 dead - most of them burned alive. On Tuesday (25/2/14) another school in Buni Yadi was attacked killing at least 50. On Thursday (27/2/14) Boko Haram killed 37 with attacks on the town of Michika which was razed to the ground, a Christian college in the town of Shuwa and the town of Kirchinga. On Saturday (1/3/14) 35 were killed in twin bomb blasts in Maiduguri and today (2/3/14) 39 people have been killed in an attack on the nearby village of Mainok.

At all of these attacks witnesses have described the attackers as wearing military-style uniforms but not displaying any military insignia making them unlawful combatants. They have also come in the week in which Nigeria has celebrated its independence and French President has been visiting the nation. The UK's thinking seems to be that if the UNSC can be cowered into not complaining about the UK's support for Boko Haram's killing of 261 people in a week the UNSC will also be cowered into staying silent over events in Syria.

The fact that the deployment of Russian Marines in Ukraine has now got UNSC members such as the UK and the US clambering over each other to condemn the use of non-uniformed troops and the violation of a nation's territorial integrity means that I think Russian President Putin has earned the right to feel a little bit proud of himself.


17:25 on 2/3/14 (UK date).

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